Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.
(a) Whenever two or more offenses have been consolidated or joined for trial under Section 3.02, the defendant shall have a right to a severance of the offenses.(b) In the event of severance under this section, the provisions of Section 3.03 do not apply, and the court in its discretion may order the sentences to run either concurrently or consecutively.(c) The right to severance under this section does not apply to a prosecution for offenses described by Section 3.03(b) or (c) unless the court determines that the defendant or the state would be unfairly prejudiced by a joinder of offenses, in which event the judge may order the offenses to be tried separately or may order other relief as justice requires. Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 467,Sec. 3, eff. 9/1/2023.Amended By Acts 2005, 79th Leg., Ch. 527, Sec. 2, eff. 9/1/2005.Amended By Acts 1997, 75th Leg., ch. 667, Sec. 3, eff. 9/1/1997.Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. 9/1/1994 Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. 1/1/1974.